"Although it is often referred to as "the third branch of private law", alongside contract and tort, the law of unjust enrichment and restitution is not well understood. That is true for a variety of reasons. The subject is seldom taught in law school. Many of the traditional cases speak in a language that is incomprehensible to modern ears. Most significantly, until now, there has not been a text that is structured in accordance with the modern Canadian principle of unjust enrichment.

"Although it is often referred to as "the third branch of private law", alongside contract and tort, the law of unjust enrichment and restitution is not well understood. That is true for a variety of reasons. The subject is seldom taught in law school. Many of the traditional cases speak in a language that is incomprehensible to modern ears. Most significantly, until now, there has not been a text that is structured in accordance with the modern Canadian principle of unjust enrichment.

This book presents an account of attribution in unjust enrichment. Attribution refers to how and when two parties - a claimant and a defendant - are relevantly connected to each other for unjust enrichment purposes. It is reflected in the familiar expression that a defendant be 'enriched at the claimant's expense'. This book presents a structured account of attribution, consisting of two requirements: first, the identification of an enrichment to the defendant and a loss to the claimant; and, secondly, the identification of a connection between that enrichment and that loss. These two requirements must be kept separate from other considerations often subsumed within the expression 'enrichment at the claimant's expense' which in truth have nothing to do with attribution, and which instead qualify unjust enrichment liability for reasons that should be analysed in their own terms. The structure of attribution so presented fits a normative account of unjust enrichment based upon each party's exchange capacities. A defendant is enriched when he receives something that he has not paid for under prevailing market conditions, while a claimant suffers a loss when he loses the opportunity to charge for something under the same conditions. A counterfactual test - asking whether enrichment and loss arise 'but for' each other - provides the best generalisation for testing whether enrichment and loss are connected, thereby satisfying the requirements of attribution in unjust enrichment. (source: Nielsen Book Data)9781782258391 20170717

Introduction

The exchange capacity

Enrichment

Loss

Connections

Generalisations

Transactions

Qualification

Conclusion.

This book presents an account of attribution in unjust enrichment. Attribution refers to how and when two parties - a claimant and a defendant - are relevantly connected to each other for unjust enrichment purposes. It is reflected in the familiar expression that a defendant be 'enriched at the claimant's expense'. This book presents a structured account of attribution, consisting of two requirements: first, the identification of an enrichment to the defendant and a loss to the claimant; and, secondly, the identification of a connection between that enrichment and that loss. These two requirements must be kept separate from other considerations often subsumed within the expression 'enrichment at the claimant's expense' which in truth have nothing to do with attribution, and which instead qualify unjust enrichment liability for reasons that should be analysed in their own terms. The structure of attribution so presented fits a normative account of unjust enrichment based upon each party's exchange capacities. A defendant is enriched when he receives something that he has not paid for under prevailing market conditions, while a claimant suffers a loss when he loses the opportunity to charge for something under the same conditions. A counterfactual test - asking whether enrichment and loss arise 'but for' each other - provides the best generalisation for testing whether enrichment and loss are connected, thereby satisfying the requirements of attribution in unjust enrichment. (source: Nielsen Book Data)9781782258391 20170717

Part I: 1. Introduction David Johnston and Reinhard Zimmermann: Part II. Enrichment 'Without Legal Ground' or Unjust-Factor Approach? 2. Unjust factors and legal grounds Sonja Meier-- 3. In defence of unjust factors Thomas Krebs-- Part III. Failure of Consideration: 4. Failure of consideration: myth and meaning in the English law of restitution Graham Virgo-- 5. Failure of consideration Robin Evans-Jones and Katrin Kruse-- Part IV. Duress and Fraud: 6. In defence of unjust factors: a study of rescission for duress, fraud and exploitation Mindy Chen-Wishart-- 7. Fraud, duress and unjustified enrichment: a civil law perspective Jacques du Plessis-- Part V. Change of Position: 8. Restitution without enrichment? Change of position and Wegfall der Bereicherung James Gordley-- 9. Unwinding mutual contracts: Restitio in integrum v the defence of change of position Philip Hellwege-- Part VI. Illegality: 10. The role of illegality in the English law of unjust enrichment Gerhard Dannemann-- Part VII. Encroachment and Restitution for Wrongs: 12. Reflections on the role of restitutionary damages to protect contractual expectations Janet O'Sullivan-- 13. Encroachments: between private and public Hanoch Dagan-- Part VIII. Improvements: 14. Mistaken improvements and the restitution calculus Andrew Kull-- 15. Enrichment by improvements in Scots law James Wolfe-- Part IX. Discharge of Another Person's Debt: 16. Performance of another's obligation: French and English law contrasted Simon Whittaker-- 17. Payment of another's debt Hector L. MacQueen-- Part X. Third Party Enrichment: 18. 'At the expense of the claimant': direct and indirect enrichment in English law Peter Birks-- 19. Searches for silver bullets: enrichment in three-party situations Daniel Visser-- Part XI. Proprietary Issues: 20. Proprietary issues George Gretton-- 21. Property, subsidiarity, and unjust enrichment Lionel Smith-- Part XII. Taxonomy: 22. Taxonomy: does it matter? Ewan McKendrick-- 23. Rationality, nationality and the taxonomy of unjustified enrichment Niall R. Whitty.

(source: Nielsen Book Data)9780521808200 20160528

In recent years unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively here, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts. (source: Nielsen Book Data)9786610421428 20160527

Part I: 1. Introduction David Johnston and Reinhard Zimmermann: Part II. Enrichment 'Without Legal Ground' or Unjust-Factor Approach? 2. Unjust factors and legal grounds Sonja Meier-- 3. In defence of unjust factors Thomas Krebs-- Part III. Failure of Consideration: 4. Failure of consideration: myth and meaning in the English law of restitution Graham Virgo-- 5. Failure of consideration Robin Evans-Jones and Katrin Kruse-- Part IV. Duress and Fraud: 6. In defence of unjust factors: a study of rescission for duress, fraud and exploitation Mindy Chen-Wishart-- 7. Fraud, duress and unjustified enrichment: a civil law perspective Jacques du Plessis-- Part V. Change of Position: 8. Restitution without enrichment? Change of position and Wegfall der Bereicherung James Gordley-- 9. Unwinding mutual contracts: Restitio in integrum v the defence of change of position Philip Hellwege-- Part VI. Illegality: 10. The role of illegality in the English law of unjust enrichment Gerhard Dannemann-- Part VII. Encroachment and Restitution for Wrongs: 12. Reflections on the role of restitutionary damages to protect contractual expectations Janet O'Sullivan-- 13. Encroachments: between private and public Hanoch Dagan-- Part VIII. Improvements: 14. Mistaken improvements and the restitution calculus Andrew Kull-- 15. Enrichment by improvements in Scots law James Wolfe-- Part IX. Discharge of Another Person's Debt: 16. Performance of another's obligation: French and English law contrasted Simon Whittaker-- 17. Payment of another's debt Hector L. MacQueen-- Part X. Third Party Enrichment: 18. 'At the expense of the claimant': direct and indirect enrichment in English law Peter Birks-- 19. Searches for silver bullets: enrichment in three-party situations Daniel Visser-- Part XI. Proprietary Issues: 20. Proprietary issues George Gretton-- 21. Property, subsidiarity, and unjust enrichment Lionel Smith-- Part XII. Taxonomy: 22. Taxonomy: does it matter? Ewan McKendrick-- 23. Rationality, nationality and the taxonomy of unjustified enrichment Niall R. Whitty.

(source: Nielsen Book Data)9780521808200 20160528

In recent years unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively here, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts. (source: Nielsen Book Data)9786610421428 20160527

Part I: 1. Introduction David Johnston and Reinhard Zimmermann: Part II. Enrichment 'Without Legal Ground' or Unjust-Factor Approach? 2. Unjust factors and legal grounds Sonja Meier-- 3. In defence of unjust factors Thomas Krebs-- Part III. Failure of Consideration: 4. Failure of consideration: myth and meaning in the English law of restitution Graham Virgo-- 5. Failure of consideration Robin Evans-Jones and Katrin Kruse-- Part IV. Duress and Fraud: 6. In defence of unjust factors: a study of rescission for duress, fraud and exploitation Mindy Chen-Wishart-- 7. Fraud, duress and unjustified enrichment: a civil law perspective Jacques du Plessis-- Part V. Change of Position: 8. Restitution without enrichment? Change of position and Wegfall der Bereicherung James Gordley-- 9. Unwinding mutual contracts: Restitio in integrum v the defence of change of position Philip Hellwege-- Part VI. Illegality: 10. The role of illegality in the English law of unjust enrichment Gerhard Dannemann-- Part VII. Encroachment and Restitution for Wrongs: 12. Reflections on the role of restitutionary damages to protect contractual expectations Janet O'Sullivan-- 13. Encroachments: between private and public Hanoch Dagan-- Part VIII. Improvements: 14. Mistaken improvements and the restitution calculus Andrew Kull-- 15. Enrichment by improvements in Scots law James Wolfe-- Part IX. Discharge of Another Person's Debt: 16. Performance of another's obligation: French and English law contrasted Simon Whittaker-- 17. Payment of another's debt Hector L. MacQueen-- Part X. Third Party Enrichment: 18. 'At the expense of the claimant': direct and indirect enrichment in English law Peter Birks-- 19. Searches for silver bullets: enrichment in three-party situations Daniel Visser-- Part XI. Proprietary Issues: 20. Proprietary issues George Gretton-- 21. Property, subsidiarity, and unjust enrichment Lionel Smith-- Part XII. Taxonomy: 22. Taxonomy: does it matter? Ewan McKendrick-- 23. Rationality, nationality and the taxonomy of unjustified enrichment Niall R. Whitty.

(source: Nielsen Book Data)9780521808200 20160528

In recent years unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively here, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts. (source: Nielsen Book Data)9786610421428 20160527

Part I: 1. Introduction David Johnston and Reinhard Zimmermann: Part II. Enrichment 'Without Legal Ground' or Unjust-Factor Approach? 2. Unjust factors and legal grounds Sonja Meier-- 3. In defence of unjust factors Thomas Krebs-- Part III. Failure of Consideration: 4. Failure of consideration: myth and meaning in the English law of restitution Graham Virgo-- 5. Failure of consideration Robin Evans-Jones and Katrin Kruse-- Part IV. Duress and Fraud: 6. In defence of unjust factors: a study of rescission for duress, fraud and exploitation Mindy Chen-Wishart-- 7. Fraud, duress and unjustified enrichment: a civil law perspective Jacques du Plessis-- Part V. Change of Position: 8. Restitution without enrichment? Change of position and Wegfall der Bereicherung James Gordley-- 9. Unwinding mutual contracts: Restitio in integrum v the defence of change of position Philip Hellwege-- Part VI. Illegality: 10. The role of illegality in the English law of unjust enrichment Gerhard Dannemann-- Part VII. Encroachment and Restitution for Wrongs: 12. Reflections on the role of restitutionary damages to protect contractual expectations Janet O'Sullivan-- 13. Encroachments: between private and public Hanoch Dagan-- Part VIII. Improvements: 14. Mistaken improvements and the restitution calculus Andrew Kull-- 15. Enrichment by improvements in Scots law James Wolfe-- Part IX. Discharge of Another Person's Debt: 16. Performance of another's obligation: French and English law contrasted Simon Whittaker-- 17. Payment of another's debt Hector L. MacQueen-- Part X. Third Party Enrichment: 18. 'At the expense of the claimant': direct and indirect enrichment in English law Peter Birks-- 19. Searches for silver bullets: enrichment in three-party situations Daniel Visser-- Part XI. Proprietary Issues: 20. Proprietary issues George Gretton-- 21. Property, subsidiarity, and unjust enrichment Lionel Smith-- Part XII. Taxonomy: 22. Taxonomy: does it matter? Ewan McKendrick-- 23. Rationality, nationality and the taxonomy of unjustified enrichment Niall R. Whitty.

(source: Nielsen Book Data)9780521808200 20160528

In recent years unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively here, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts. (source: Nielsen Book Data)9786610421428 20160527

Part I: 1. Introduction David Johnston and Reinhard Zimmermann: Part II. Enrichment 'Without Legal Ground' or Unjust-Factor Approach? 2. Unjust factors and legal grounds Sonja Meier-- 3. In defence of unjust factors Thomas Krebs-- Part III. Failure of Consideration: 4. Failure of consideration: myth and meaning in the English law of restitution Graham Virgo-- 5. Failure of consideration Robin Evans-Jones and Katrin Kruse-- Part IV. Duress and Fraud: 6. In defence of unjust factors: a study of rescission for duress, fraud and exploitation Mindy Chen-Wishart-- 7. Fraud, duress and unjustified enrichment: a civil law perspective Jacques du Plessis-- Part V. Change of Position: 8. Restitution without enrichment? Change of position and Wegfall der Bereicherung James Gordley-- 9. Unwinding mutual contracts: Restitio in integrum v the defence of change of position Philip Hellwege-- Part VI. Illegality: 10. The role of illegality in the English law of unjust enrichment Gerhard Dannemann-- Part VII. Encroachment and Restitution for Wrongs: 12. Reflections on the role of restitutionary damages to protect contractual expectations Janet O'Sullivan-- 13. Encroachments: between private and public Hanoch Dagan-- Part VIII. Improvements: 14. Mistaken improvements and the restitution calculus Andrew Kull-- 15. Enrichment by improvements in Scots law James Wolfe-- Part IX. Discharge of Another Person's Debt: 16. Performance of another's obligation: French and English law contrasted Simon Whittaker-- 17. Payment of another's debt Hector L. MacQueen-- Part X. Third Party Enrichment: 18. 'At the expense of the claimant': direct and indirect enrichment in English law Peter Birks-- 19. Searches for silver bullets: enrichment in three-party situations Daniel Visser-- Part XI. Proprietary Issues: 20. Proprietary issues George Gretton-- 21. Property, subsidiarity, and unjust enrichment Lionel Smith-- Part XII. Taxonomy: 22. Taxonomy: does it matter? Ewan McKendrick-- 23. Rationality, nationality and the taxonomy of unjustified enrichment Niall R. Whitty.

(source: Nielsen Book Data)9780521808200 20160528

In recent years unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively here, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts. (source: Nielsen Book Data)9780521808200 20160528

Part I: 1. Introduction David Johnston and Reinhard Zimmermann: Part II. Enrichment 'Without Legal Ground' or Unjust-Factor Approach? 2. Unjust factors and legal grounds Sonja Meier-- 3. In defence of unjust factors Thomas Krebs-- Part III. Failure of Consideration: 4. Failure of consideration: myth and meaning in the English law of restitution Graham Virgo-- 5. Failure of consideration Robin Evans-Jones and Katrin Kruse-- Part IV. Duress and Fraud: 6. In defence of unjust factors: a study of rescission for duress, fraud and exploitation Mindy Chen-Wishart-- 7. Fraud, duress and unjustified enrichment: a civil law perspective Jacques du Plessis-- Part V. Change of Position: 8. Restitution without enrichment? Change of position and Wegfall der Bereicherung James Gordley-- 9. Unwinding mutual contracts: Restitio in integrum v the defence of change of position Philip Hellwege-- Part VI. Illegality: 10. The role of illegality in the English law of unjust enrichment Gerhard Dannemann-- Part VII. Encroachment and Restitution for Wrongs: 12. Reflections on the role of restitutionary damages to protect contractual expectations Janet O'Sullivan-- 13. Encroachments: between private and public Hanoch Dagan-- Part VIII. Improvements: 14. Mistaken improvements and the restitution calculus Andrew Kull-- 15. Enrichment by improvements in Scots law James Wolfe-- Part IX. Discharge of Another Person's Debt: 16. Performance of another's obligation: French and English law contrasted Simon Whittaker-- 17. Payment of another's debt Hector L. MacQueen-- Part X. Third Party Enrichment: 18. 'At the expense of the claimant': direct and indirect enrichment in English law Peter Birks-- 19. Searches for silver bullets: enrichment in three-party situations Daniel Visser-- Part XI. Proprietary Issues: 20. Proprietary issues George Gretton-- 21. Property, subsidiarity, and unjust enrichment Lionel Smith-- Part XII. Taxonomy: 22. Taxonomy: does it matter? Ewan McKendrick-- 23. Rationality, nationality and the taxonomy of unjustified enrichment Niall R. Whitty.

(source: Nielsen Book Data)9780521808200 20160528

In recent years unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively here, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts. (source: Nielsen Book Data)9780521808200 20160528

A Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment. Written by one of the leading authorities in the area, in collaboration with a group of senior judges, academics, and legal practitioners, the Restatement offers a powerfully persuasive statement of the law in this newly recognized and uncertain branch of English law. Many lawyers and students find unjust enrichment a particularly difficult area to master. Combining archaic terminology with an historic failure to provide a clear conceptual structure, the law remained obscure until its recent rapid development in the hands of pioneering judges and academics. The Restatement builds on the clarifications that have emerged in the case law and academic literature to present the best interpretation of the current state of the law. The Restatement will be accessible to, and of great practical benefit to, students, academics, judges, and lawyers alike as they work with this area of law. The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases. The Restatement appears as European private law takes its first steps towards harmonization. In providing an accessible survey of the English law, the Restatement will offer an important reference point for the English position on unjust enrichment in the harmonization debates. Also appearing shortly after the United States Third Restatement on Restitution and Unjust Enrichment, this Restatement offers an interesting contrast with American law in this area. (source: Nielsen Book Data)9780199669905 20160612

A Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment. Written by one of the leading authorities in the area, in collaboration with a group of senior judges, academics, and legal practitioners, the Restatement offers a powerfully persuasive statement of the law in this newly recognized and uncertain branch of English law. Many lawyers and students find unjust enrichment a particularly difficult area to master. Combining archaic terminology with an historic failure to provide a clear conceptual structure, the law remained obscure until its recent rapid development in the hands of pioneering judges and academics. The Restatement builds on the clarifications that have emerged in the case law and academic literature to present the best interpretation of the current state of the law. The Restatement will be accessible to, and of great practical benefit to, students, academics, judges, and lawyers alike as they work with this area of law. The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases. The Restatement appears as European private law takes its first steps towards harmonization. In providing an accessible survey of the English law, the Restatement will offer an important reference point for the English position on unjust enrichment in the harmonization debates. Also appearing shortly after the United States Third Restatement on Restitution and Unjust Enrichment, this Restatement offers an interesting contrast with American law in this area. (source: Nielsen Book Data)9780199669905 20160612

Conventional thinking teaches that the absence of liability - in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law of unjustified enrichment. However, this book argues that while the absence of a relationship of indebtedness is a necessary condition for restitution in such cases, it is not a sufficient condition. The book takes as its focus those instances in which the invalidity thesis is strongest, namely, those traditionally classified as instances of the condictio indebiti, the claim to recover undue transfers. It seeks to demonstrate that in all such instances it is necessary for the plaintiff to show not only the absence of his liability to transfer but also a specific reason for restitution, such as mistake, compulsion or incapacity. Furthermore, this book explores the reasons for the rise of unjust factors in South African law, attributing this development in part to the influence of the Roman-Dutch restitutio in integrum, an extraordinary, equitable remedy that has historically operated independently of the established enrichment remedies of the civilian tradition, and which even now remains imperfectly integrated into the substantive law of enrichment. Finally, the book seeks to defend in principled terms the mixed approach to enrichment by transfer (an approach based both on unjust factors and on the absence of a legal ground) which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many of which are subject to additional historically-determined requirements, in light of this mixed analysis. (source: Nielsen Book Data)9781849462235 20160612

Conventional thinking teaches that the absence of liability - in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law of unjustified enrichment. However, this book argues that while the absence of a relationship of indebtedness is a necessary condition for restitution in such cases, it is not a sufficient condition. The book takes as its focus those instances in which the invalidity thesis is strongest, namely, those traditionally classified as instances of the condictio indebiti, the claim to recover undue transfers. It seeks to demonstrate that in all such instances it is necessary for the plaintiff to show not only the absence of his liability to transfer but also a specific reason for restitution, such as mistake, compulsion or incapacity. Furthermore, this book explores the reasons for the rise of unjust factors in South African law, attributing this development in part to the influence of the Roman-Dutch restitutio in integrum, an extraordinary, equitable remedy that has historically operated independently of the established enrichment remedies of the civilian tradition, and which even now remains imperfectly integrated into the substantive law of enrichment. Finally, the book seeks to defend in principled terms the mixed approach to enrichment by transfer (an approach based both on unjust factors and on the absence of a legal ground) which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many of which are subject to additional historically-determined requirements, in light of this mixed analysis. (source: Nielsen Book Data)9781849462235 20160612

I UNJUSTIFIED ENRICHMENT AND RESTITUTION IN GERMAN LAW-- 2. The Undoing of Performance: Basics-- 3. The Undoing of Performance: Refinements-- 4. Defences Against Performance-based Claims-- 5. Restitution Not Based on Performance-- 6. The Measure of Restitutionary Liability-- 7. Concurrent Liability-- II THE WIDER COMPARATIVE PERSPECTIVE-- 8. Classification and Consequences-- 9. Lessons to Be Learned? III Cases and Statutes-- 10. Cases.

(source: Nielsen Book Data)9780199533114 20160528

This book provides the most comprehensive description of the German law of unjustified enrichment in the English language. It explains to common law readers how German law generally allows restitution for transfers made without legal ground (rather than on the basis of individual unjust factors), an approach which the late Peter Birks proposed for English law to adopt, and which the House of Lords was careful not to rule out for the future in Deutsche Morgan Grenfell v Inland Revenue. Part I explains the workings of German unjustified enrichment law within the particular context of German contract, tort and property law. It shows how the German general unjust enrichment clause is controlled by limiting its scope to intentional transfers, and complemented by specific grounds of unjust enrichment. This part also explains defences against and measure of enrichment claims. Part II places German law in the comparative context of three different fundamental approaches towards unjustified enrichment, shows some unexpected similarities between English and German law, and discusses whether English law could and should adopt the German approach.The book gives equal prominence to structural issues and legal doctrine on the one hand, and practical application of the law on the other. It provides leading German cases and relevant statutory provisions in English translation. (source: Nielsen Book Data)9780199533114 20160528

I UNJUSTIFIED ENRICHMENT AND RESTITUTION IN GERMAN LAW-- 2. The Undoing of Performance: Basics-- 3. The Undoing of Performance: Refinements-- 4. Defences Against Performance-based Claims-- 5. Restitution Not Based on Performance-- 6. The Measure of Restitutionary Liability-- 7. Concurrent Liability-- II THE WIDER COMPARATIVE PERSPECTIVE-- 8. Classification and Consequences-- 9. Lessons to Be Learned? III Cases and Statutes-- 10. Cases.

(source: Nielsen Book Data)9780199533114 20160528

This book provides the most comprehensive description of the German law of unjustified enrichment in the English language. It explains to common law readers how German law generally allows restitution for transfers made without legal ground (rather than on the basis of individual unjust factors), an approach which the late Peter Birks proposed for English law to adopt, and which the House of Lords was careful not to rule out for the future in Deutsche Morgan Grenfell v Inland Revenue. Part I explains the workings of German unjustified enrichment law within the particular context of German contract, tort and property law. It shows how the German general unjust enrichment clause is controlled by limiting its scope to intentional transfers, and complemented by specific grounds of unjust enrichment. This part also explains defences against and measure of enrichment claims. Part II places German law in the comparative context of three different fundamental approaches towards unjustified enrichment, shows some unexpected similarities between English and German law, and discusses whether English law could and should adopt the German approach.The book gives equal prominence to structural issues and legal doctrine on the one hand, and practical application of the law on the other. It provides leading German cases and relevant statutory provisions in English translation. (source: Nielsen Book Data)9780199533114 20160528

This book is a collection of articles based on Understanding Unjust Enrichment, a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment. The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context. The contributors are Kit Barker, Peter Benson, Jeffrey Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus, Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest Weinrib. (source: Nielsen Book Data)9781841134239 20160528

This book is a collection of articles based on Understanding Unjust Enrichment, a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment. The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context. The contributors are Kit Barker, Peter Benson, Jeffrey Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus, Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest Weinrib. (source: Nielsen Book Data)9781841134239 20160528